Missing Lawmakers May Bring Third Special Session To A Halt

Just after the start of the third special session of the 83rd Texas Legislature, Speaker of the House Rep. Joe Straus of San Antonio excused over 35 members because of pressing business in their individual districts.

A transportation bill that passed the Senate this week will require 100 votes in the House in order to pass, but the missing members will likely keep the bill from getting enough votes to pass.

Lt. Gov. David Dewhurst said the missing lawmakers need to do the work of the people or leave office and the author of one of the transportation bills up this session, Sen. Robert Nichols, R-Jacksonville, called the absences a "dereliction of duty."

"The members ran for those offices to have an opportunity to represent their district and the state on important issues, and they have a responsibility to take care of the actions that are important to the state for their people," Nichols said.

Straus called the transportation bill a "Band-Aid over a pothole," but Nichols said his bill is a billion-dollar-a-year bandage that would fix a lot of roads.

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Update (2:30 p.m.): The Senate took the house transportation plan, replaced it with their own funding mechanism, and then passed it on a unanimous vote.

The original House bill's plan to end the gas tax diversion has been eliminated, and the Senate has elected to go with the 50-50 oil and gas industry tax split in their own version of the bill. The Senate also established a $6 billion floor for the Rainy Day Fund, which must be maintained for the State Highway Fund to get the money from the oil and gas industry tax.